Alaska Native Wireless (ANW), Verizon Wireless and VoiceStream re...
Alaska Native Wireless (ANW), Verizon Wireless and VoiceStream reiterated calls to FCC to investigate qualifications of NextWave to hold C-block licenses. Aug. 15 filing at FCC by carriers, which won NextWave licenses in Jan. C-block re-auction, was response to…
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NextWave request that Commission dismiss challenge to its qualifications to reclaim PCS spectrum (CD July 31 p1). NextWave asked FCC last month to reject petition by carriers that cited concerns over foreign ownership issues, designated entity status and financial qualifications to meet licensee requirements. Original petition by 3 companies contended U.S. Appeals Court, D.C., decision that remanded FCC’s NextWave license cancellation decision addressed only issues related to bankruptcy code. Carriers said that meant Commission still could decide on other grounds not to reinstate licenses of NextWave, which disagreed. “The NextWave decision is not self-executing and issuance of the [remand] mandate will not automatically reinstate the licenses at issue without further action by the Commission,” 3 carriers said in response to NextWave filing. “As a matter of sound public policy and administrative efficiency, the Commission should undertake such investigation prior to any action to reinstate the licenses.” Carriers disputed NextWave argument that D.C. Circuit’s remand precluded FCC’s undertaking investigation they sought. Carriers said they wanted FCC to probe “what appears to be a lack of material information regarding whether respondent [NextWave] is in compliance with the Commission’s designated entity and foreign ownership rules.” Three carriers cited 2nd plan of reorganization that NextWave has filed with U.S. Bankruptcy Court, White Plains, N.Y., saying it provided “little to no information regarding who will own and control the company, if and when respondent emerges from bankruptcy. It is this dearth of information that drives the fundamental need for the requested investigation.” They cited lack of details on whether NextWave would comply with designated entity and foreign ownership rules. - - MG